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By Kent Scheidegger et al.

Habeas Rights After Boumediene and Al Odah: As expected, the blogosphere was saturated with posts and comments on today's Boumediene and Al Odah decision. Lyle Denniston has a post on SCOTUSblog analyzing detainee rights now that they have been granted the right to habeas corpus. Denniston notes that the Supreme Court's decision does not foreclose Congress', or the President's, authority to create another method of review for the detainees. The decision did not say there could never be substitutes for habeas. The decision also left alone the Combatant Status Review Tribunals (CSRTs). Detainees at Guantanamo Bay will not be able to file with the federal court until after they have been determined to be "enemy combatants" by the CSRTs. Because detainees must go through the CSRTs first, Denniston wonders what exactly the majority of the Court meant when it said detainees were entitled to a "prompt" habeas hearing...continue to full post

Full post as published by Crime and Consequences on June 12, 2008 (boomark / email).